The San Francisco Call. Newspaper, September 22, 1903, Page 5

THE SAN FRANCISCO ALL. TUESDAY. SEPTEMBER 22, 1903. BACHMAN 1S NARROW ESERPE With Arrest by At- torney Banning. | | HOLDS MRS. MARTHA BOWERS TO ANSWER MURDER CHARGE |Police Judge Cabaniss Decides That Evidence Warrants Trial in Superior Court of Accused Widcw of Dead Man, but Orders Her Sister, Mrs. Zy'pha C. Sutton, Discharged From Cus tody AMISCREANT GUTS 'PHONE WIRES Almost Completely Destroyed. — | 4~ i s A : v S ! His Testimony Is Rsfuted | RS. MARTHA E. BOWERS, 7 ; 2 i i charged with the murder of her | Slow “ Sending of Hospital by That of an Old ! husband by the administration | Call Nearly Rasults e | of arsenic, was held for trial in i % P Mongolian. the Superfor Court by Police ! in Fatality. | Judge Cabaniss yesterday Her sister, S | Mrs. 2 h Suttor vas accused | IR O Suiipu.cale M e | Soms miscreant entered the sub-base- | by the prosecution of having purchased | ment of the New City Hall'some time be- | ‘:’ STy S fust onumd T d,:l'f’ b | tween 2 and 5 o'clock yesterday afternoon '-,-‘ .r;_ vmz\« dismissed fr/)l"n. :‘(e::dn‘?-ac_ | and cut three telephone cables that car- j e ey Y toatony. Jee 9 | ried most of the lines that make up the | upled two ses: = and elaborate argu- Lt Rl ssstens | Smenth weee mafe for (hepromng o The person who committed the dastard- 9% Snrhon. € | iy deed was one who is evidently well ac- . evidence offered by the prosecution ~ | | qainted with the working of the system. T g of Bachman occurred dur- ed of the testimony of}Rob;;lthKa';'- h]i:mx;:lnce was gained t]:xrough a hea‘\afly . r posit e ler of the ernia roned door on the Larkin-street corridor g aking a deposition in the case ! . vy Boclaly, ul it 1ang wnlm:; a few feet of the City Hall . 3 = 5 - | | police station. Iy in ¢ who (estified o iy e | The miscreant had to grope his way “ e e ISowars - i St ok | through the dark basement for quite a | AR B prin 1 many occasions. | distance in order to get to the switch the bank clerk, testified { board. Once there he easily accomplished Bowers and his wife, his purpose and rendered useless nearly rs, had a joint account Jevexy lins in the Hall ] A ; ? 5 The wrecking of the system came near - and . which b SRy mnploypd | resulting in a fatality. Lizzie Hedger- WhEn $he. yen- on August 27, last, Mrs. | son, & domestic employed at 1738 Golden w from the bank the sum of Gate avenue, was seized with a hemor- ecution sought to show by |rhage while at work yesterday afternoon | - fhat Mox Bores badla |and was relieved by a physician of the we 1. S the BaN oF | nelghborhood. Soon after another and but the defense bronght out | more severe hemorrhage came on and it | on that in a joint bank | | | was decided to send her to the Park | : thae Darly Sl & ptiot Shent ] | { Emergency Hospital. For an hour the | Shoney oo e ek vt any 11 { woman lay bleeding, and almost died Sokchine wran pitparsdite show ] | | while her helpers were trying to make | Soess Mty e bes fromid | connections with the hospital. . i < s Aty | _Finally, through the private line of the | Bowers, sought to secure an in- | Police Department, the Central Emergen- | L ot Rar Sreis tnuthing o | ey Hospital was reached, and then came « w iy ot | another wait, that department trying to & ] i | | communicate with the Park Hospital, r CONSORTED WITH LERVEY. | | which is much nearer to the original call. | States The pr tion then presented the tes- | The Central ambulance was at last dis- | m er of saloon keepers to | | patched, after an enforced loss of valua- | 1 o rtha E. Bowers was in | ble time. The woman, she was | & ey drinking with Patrick Ler- | brought in, was in a very weak condition, | = shaking . months previous to | and Dr. Boskowlitz, after treating her, | ~ Bowers. The de- | 1ordered that she be kept at the hospital | - fens roduction of this | | for the night. | } T g r ng immaterial to | | In all, some 150 wires were cut, and the | this e ( th Judge Cabaniss | force of workmen will be occupied until | 3 e ed subject to a|‘ to-morrow in completing repairs. ‘ w e gener the part of the de- | 1 of the saloon kewprf | ENIGHTS OF RED BRANCH | by the prosecution in | i : the theory that inti- HONOR EMMET'S MEMORY | h Eximel hecpe el * | | Centenary of Martyrdom of Ireland’s » for the alleged murder | | ‘Patriot Observed With Appro- | | i priate Exercises and Song. | p. drug clerk at the | ‘ |€A programme of rare excellence was Clementina sleogts 4 § | 8lven last night at the Alhambra on the | b et r'zr]ar\:fgi«:rlr!'i | occasion of the centenary of the martyr- | ge ¥ s ; e “Dr. McLaughlin,” | | dom of Robert Emmet, the exercises be- | hat the forged pre-| | + | Ing under the auspices of the Knights of | presented to him by | | : 4 > % | the Red Branch. Joseph S. Tobin pre- | of Mrs- Bowers, | WOMAN WHO MUST STAND | |gided. Across the stage was the sentence, | srosecution. [ TRIAL FOR MURDER OF HER | | “His epitaph shall vet be written by an| t since he was last | | | HUSBAND. independent Ireland.” eshed his memory | | Basso solos “The Memory of the Dead" | ; A prescription book of the | | - 4 | and “Paddies Evermore” were m wh at ich he was employed the forged prescription was presented and filled last, after 3 p. m arsenic on August e ese Perjurer Missing. S hetisi B | ¢ Hom Doon,-charged | ;HENTIFIED BY HER EYES | Peterson further testified that he iden- | tified Mrs. Button as the woman who pre- 1 the forged prescription on account r look in her eyes and by under her eyes.” nrevious examination Peterson e to give any evidence to ghow | | | He was unable to say at if the person had worn a hat or veil, or any other particular vy Drury =terson for the defense, sub- to a rigid cross-examina- | He forced the witness to admit that th Kahn. ould Comprom ise Wi & executor h not previo y testified to & I traits of the woman who pre- e forged prescription because “he 1 to to testify » s0, and he had not | that particular | d y Drury also forced the drug | admit that prescriptions were left for one or two weeks before n the prescription book, admitted that | September, 1903, $32.50 This price means an absolute saving To the economical home furnisher the offer is of exceptional interest. A three-piece oak set, modernly designed and fini hed golden color. The bureau is sur- mounted by an oval-shaped French plate mirror, 20 by 24 inches, and contains four drawers—the two top ones having double swelled fronts. The bed is of full double width and is made quite attract- ive by scroll carving on head board. The washstand tches bureau and contains three drawers, besides a Price fo. the three pieces, $32.50. nnet. (Fermerly the California Furniture Co.) 957 to 977 Market Street, San Francisco + | 3 were not al and dated were d for filling, was done later on. Police Officer finding a note book at the Bowe The prosecution ight to prove by thi evidence that the d prescription was prescriptions 1y consecu t the time they rese written c 2 n m this note book =nd that t ure of the paper was the same as a note written | by Mrs. Bowers to her brother-i Mrs. Bowers ha%ag admitted to the lice that the r » question was writ on a page torn from the sequently found by the police. CASE CLOSED AND ARGUED. After Dist Attorney Byington had annoupced t the c was closed for bant: ated he would hear ments of counsel at the afternoon session of court, and hearing was then ad- | journed until 2:20 p At the afternoon s of court At- tarney Drury, for th nse, again re- newed his motion to the defend- ants. He claimed a public offense ad not been established and if estab- sufficlent evi- i women with lished that there dence to connect if the crime. Attorney Drury skillfully argued while the evid showed that four grains of arsenic had been discovered in the stomach of Martin L. Bowers | there was no proof t the presence of the four grains of poison had caused death. He said that no proof had been presented to show t had been senic on of the de- discovered in the circulat ceased and that the only ¢ ct testimony of death was that of Autopsy Surgeon Bacigalupi to the effect that death was due to fatty degeneration of the kidneys and that the state of the kidneys might have been due to natural causes or to other reasons. The counsel for the two women further argued that the prosecution had not pre- sented the slightest proof to establish its theory that Bowers had been subjected to systematic arsenical poisoning for a perfod of three months. SCORES THE DRUG CLERK. The only evidence of the purchase of arsenic was that of the drug clerk, Pe- t sson, argued Attorney Drury, and he had testified that he was of opinion that Mrs. Sutton was thd person who had pre- sented the forged prescription, but the drug clerk had been unable to give any positive information as to her identity until after he had been recalled by the proseeution and was unable to positively fix the date of the presentation of the prescription until he had been given an opportunity to_consult the prescription book. Attorney Drury scored the evidence of Handwriting Expert Eisenschimmel and eald that even if the evidence of Drug Clerk Peterson and Expert Eisenschimmel were true no evidence had been produced by the prosecution to connect the ac- cused women with the crime of murder- ing Martin L. Bowers by administering arsenic. For that reason Drury asked for a dismissal. BYINGTON MAKES REPLY. District Attornéy Byington replied for the prosecution and said that the only way for a Judge or jury to decide was from the surrounding circumstances in a case. He argued that the evidence pre- sented could not bring a reasonable thinking person to any conclusion but the one that the defendants were guilty as charged. Attorney Byington went over the evidence as presented and claimed that Martin L. Bowers met his death by arsenical poisoning and that the drug was administered by his wife, Mrs. Mar- tha E. Bowers, and that her sister, Mrs. Sutton, was a party to the crime; that she had purchased the drug well knowing for what purpose it was intended. Bying- ton asked that both women be held for trial in the Superior Court. Attorney H. Mclsaacs also addressed the court on behalf of the defendants, following the same theme of argument as outlined by his associate, Attorney Frank Drury. Judge Cabaniss in announcing his decis- 2ys numbered l'om Coleman testified to | home. | argu- | ) that | | fon sald that he had no doubt that a | crime had been committed, judging by the evidence of the doctors and others in the case. The evidence of the autopsy sur- geon was not to be thrown aside, sald Judge Cabages, and the conclusion that the death o to arsenical poisoning was beyond dis- pute. He said: CABANISS GIVES DECISION. but that this | The evidence of the autopsy surgeon and of the city chemist is that the death of Bowers wus due to fatty degeneration of the kidneys, | which might have been caused by arsenical poi- ning or : other means. idence rur- at Bowers was treated for pto- which is similar to arsenical He was taken to the Waldeck Hos- al and under the treatment given to him | there he improved, in that the stomach symp- ms disappeared. der the same treatment his home, where h ed at the re- . he Again I ond dispute. responsible for idence, the in- than his wife attendance at the doses of arsenic ath. These facts next question Is | bis deatn. ) wa According to the ference is that no person could have been constantly sick bed and administer t that eventually resulted in e Of the utmest importance Gnd we ; Martha E. Bowers. Added to this 1s th evidence of the drug clerk as to the forged pre- seription, and the admitted examples of Mrs Sow u- ' handwriting, which lead to the conclu- that Mrs. Bowers wrote the forged pre for arsenic. circumstances, ed with the fact t Bowers was untly at the bedside husband, are suffl 0 make it to hold " Bowers for trial in this ca g oL, 80 1Ot 5o clearly re Mrs. Sutton, even if she charged wi e & orged prescription as test- : s case. There s ho ayidence 1o ne motive in presenting, the pre- ription’ was a bad one, and. asmuming fest Mrs. Bowers wrote the forged prescription, it not likely that she presented it herself to a g store, but that s t Mrs t her luty Ived in the case of 0. Thers ia 1o evidenos o oo | o show that Mrs. Sutton was in attendance at the nouse | her sister, where Martin 1. Bowers ho sient ers lay sick ce to-show that all that her sis- Taking into ac- re is little In the Mrs, Sutton was cognizant « ter, Mrs. Dowers, was doing count all the evidence In this tradictory statements of th, accused, nothing to connect Mrs. Sutton with th murder of Martin L. Howe. Ma 2. Bowers, even assu, Bowers is gulilty of the crime J"A‘.J&Ts’ st PROOF MUST BE PROBABLE. No person can be held fo evidence shows that there is the accused. Any person hear: In this case would not hes: Sutton. It would be an act Mrs. Sutton for trial. would be no relief for there is the alleged by his wife, Mrs. r trial unless the probable gullt of ing the testimony tate to acquit Mrs. of injustice to hoid 1 uld do o, and there her under a writ of ha- beas corpus and she would have to stand her The charge against Mrs. lnfi‘ as u{fln;ll Mrs. :lo\'\-e evidence to show probabla c fore hold her for trial on the charke againes por In the Superlor Court and commit her to the custedy of the Sheriff gy Attorney Frank Drury cation for the admission to bail Bowers, which was opposed by the. tpr):;e’- cution and denied by the court. Mrs. Bowers and her sister v er were conducted from the courtroom, Mrs. 'shuetr3 ton being at liberty. Mrs. Bowers was taken into custody by the Sheriff's dep. uty and was taken to the branch County Jall, while Mrs. Sutton was once again allowed to enjoy the alr of freedom —_—— | Sutton is dismissed, TS there is sufficlent made an appli- QUIETLY MARRIED AT Ticket Agent Duffy :f the Santa Fe Road Surprises His Friends. The temporary absence- from during the last few days of J. B, Dufry. city passenger agent of the Santa Fe Rallroad, was explained late vesterday when the surprising bit of information was passed along railroad row tkat Duffy had quietly journeved over to Colorado Springs and there married Misg Mabel Witts of this city. Both bride and groom ar v |in San Francisco and mf.':'.'&f.'.’m'i'.',‘:efl of their matrimonial affair will no doubt bring to the happy young couple the con- gratulations and best wishes of their many friends. —_——— CHANGE IN SCHEDULE ON THE California Northwestern Railway. Commencing Sunday, September 27, 1903, the usual winter schedule on all divisions of this road will take effect. This summer’ this city s service on the Northwestern Raflway has been very poommis ;{:h the traveling public and won many . fartin L. Bowers was due | it to her sister | case and the con- | COLORADO SPRINGS | cessfully given by S. J. Sandy and Paul; Gerson, followed with a fintshed and pow- | erful reading of “Emmet’'s Speech in the Dock.” Mrs. Daisy Keane Gillog! “dered . the soprano songs “‘My No More” and the “Risin’ of the Moon” in a manner that captivated the audience. Her sweet voice and clear enunciation gave rare expression to both vocal num- bers. David Manlloyd's true tencr voice | was never more pleasing than when ren- | dering the beautiful vocal number, “Oh, | Breathe Not His Name,” and the dyer| popular “Sean Bean Bocht.” Miss Nora | Sandy gave a plaintive and sweetly me- | lodious rendering of a Gaellc song, for which she received a hearty and well de- served encore. The exercises terminated with a eulogy on Robert Emmet by Rev. P. C. Yorke and the singing of ;'God Save Ireland.” | Miss Nora Sandy acted as accompanist and admirably she filled the office. ————————— CIVIC ORGANIZATIONS ARRANGE MASS-MEETINGS Will Schedule Speakers for Educa- | tional Tour of City in Behalf of Bonding Proposition. The Civic Federation of San Francisco, a coalition of clubs and other civic or- | ganizations advocating the baad election | { of September 29, announces that a serles | of meetings has been arranged in behalf | of twelve bonding propositions to be sub- | mitted to the voters. To-night a meet- ing of the general executive committee of fifty, composed of the president of, or | delegates from the affiliating bodies, will be held at the Flood building. The idea is to schedule speakers for an educational campaign to cover the city from now un- til election day. To-morrow evening a | mass-meeting of the Mission Park Asso- | clation wil} be held at Mission Turner | Hall. Tiére will be an entertalning pro- | gramme of speaking, singing and music. Thursday evening will be devoted to a | mass-meeting at Washington Square Hall, in which the North Beach Progressive | Club will take a leading part. There is | also to be a mass-meeting downtown Fri- day, the particulars of which will be an- nounced at the gathering to-night. —————————— SPECIAL POLICEMEN CHCOSE OFFICIALS | | Samuel Daggett Seclected President and Paul Schmitz Named Secre- tary of Organization. At a recent meeting of the patrolling speclal police officers of the city of San’ | Francisco Samuel Daggett was elacted president and Paul Schmidt permanent | secretary. Both selections were unanl- | mous. Daggett and Schmidt - are very | popular officers and hold important beats. Their vigilance has be2n responsible for | the prevention of much crime as well as for many important captures. Five new members were added to the | roll and the second Tuesday of each month was set as a regular meeting day. The meeting place will be Red Men's Hall, 510 Busih street. Great interest Is manifested by the specials In their organi- zation. Its purpose is to bring about means that will enable them to render more efficient police service and to keep in closer touch with one another. ————————— Allowance for Bills Opposed. The creditors of the estate of the late Thomas Bell yesterday filed an opposition to the petition of John B. Carson/for an allowance for Ernest and Reginald Bell, minor children of the deceased. They claim the estate is insolvent and should be declared a trust fund for the benefit of the creditors. It is estimated that the estate owes $300,000, and shouia not there. fore be taxed with an allowance for the | children. The allowance heretofore made the Bell children was discontinued last November. % ——————— Hartman’s Alimony Reduced. An order was made by Judge Hebbard yesterday reducing the alimony which a few weeks ago the court decreed Ferris Hartman should pay Mary M. Hartman, from whom he was granted a divorce on the ground of desertion. Yesterday's or- der was made by stipulation, Mrs. Hart- man ‘agreeing to accept $10 a menth in- stead of the $150 ordered when the di- vorce was granted. A b Lines at City Hall Are | Premiums in due Course PRAGERS Closed 2G Stamps Pra Do Your Shopping To-Morrow reen Trading Wednesday Only Rare Shopping Opportunity ABLE To-Day Instead of ADVERTISEMENTS. [ ADVERTISEMENTS. STATEMENT ) STATEMENT —OF THE— | OF THE CONDITION AND AFFAIRS | CONDITION AND AFFAIRS —OF THE— | OF THE Norwich Union Fire INSURANGE SOCIETY F Norwich, England. on the 3ist day of December, 'A. D. 1902, and for the year ending on that day, as made to_the Insurance Commissioner of the State of California suant to the Provisions of 611 of the Political biank furnished by the Comm CAPITAL. Amount of Capital Stock, paid up, T ¢ sy ASSET! Real Estate owned by Company..$ 289,500 Loans on Bonds and Mortgages 40,000 Cash Market Value of all St and Bonds owned by Compan Cash in Company's Office.. Cash in Interest Banks ...... due and accrued on and Loan due and and Mortgages rrued nteres Bonds lection ... Bills receivable. taken for Fire Risks " “Matured Marine not ana .68 Total Assets . LIABILITIES, Losses adjusted and unpald.... Losees in process of Adjustment or in Suspe Losses resisted, penses . Gross pren $267,307 1 running one vear or o surance 50 cent . = £ Gross premiums on running more than one year, $- ; reinsurance pro rata. Cash dividends remaining unpaid. 50 Due and accrued for salartes, Tent, otc...... 00 Bills Payable - o2 Total Liabilities ........ccecu.s INCOME. Net cash actually received for Fire premiums .......... -...$5,115,849.67 | Received for interest on Bonds and Mortgages S 1.665. Received for interest and divi- dends on Bonds_Stocks, Loans, and from all other sources..... 1532.886. Received for Rents ....... 12,826. Received from all other source: 5.079. Total Income .... EXPENDITURES. Vet amount paid for Fire Losses (including losses of $2,456,787.80 previous years) 8 holders . Dividends to Stock 5 218,790.00 Pald or_allowed for Commission o Brokerage -..........- we... 1,022,677.17 Pald for Salaries, Fees and other charges for officers_clerks, etc.. 456,826.33 Paid for State, ational and Local taxes . . 101,729.02 her payments and expendi- rg S e 272,500. 61 Total Expenditures Losses incurred during the RISKS AND PREMIUMS. “Fire Risk | Premtums. Net amount of | Risks written | during the year.../$1,049,788,855 $6,028,634.08 Net amount of Risks expired during the vear..| 1,593,641,585 5,202,740.84 Net amount _in Y y 31, 1902 . ...| 1.611,379.110] 5,663,335.62 FRANK A. CUBITT, President. C. A. B. BIGNOLD, Secretary. Subscribed and sworn to before me, this 234 day of March 1903. I B. T. HALES, Notary Publie. Paclific Department 314 California $t., W. H. LOWDEN, Manager. JOHN D. RICHARDS, Superintendent City Department. EVERY WOMAN is interested and should know about the wonderful MARVEL S5 1he new Vaginal dnjection and Suction. —Safest—Most Con- venient, ItCleanses Instantly forit. other, but send stamp for Mus. trated book—somled. It gies il particulars and dire tiens invelcable toladie: WARVEL €C.. Room Times Blg.. N DIRECTORY OF RESPONSIBLE HOUSES. Catalogue and Priee Lists Mailed on Applieation. Clay. Tel. Main 1284 OILS. G OILS: LEONARD & ELLIS, st., S. F. Phone Main 1719. PRINTING. E. C. HUGHES, ,_ su stoeoms o 2 = LUBRICATIN 418 Front 0! San Franciscn‘ LING Y Syringe. | INDEMNITY FIRE INSURANCE COMPARY F NE York, W YORK. IN THE STATE OF NEW on the 3ist day of December, A. I r the year ending on that day. e Insurance Commissioner of alifornin, pursuant to the pr ns 610 and 611 of the Political 4 as per blank furnished by the ¢ CAPITAL. Due f other Comp: surance on los Total Assets..... LIABILITIE , including expenses on Fire Risks run- r less, $182.787 18; cent Losses Grot pro rata Due and accrued All other Liabil Total Liabil Net cash actually premiums aseese Received for interest and dividends on Bonds, Stocks, Loans, and from all other sources $217,632 ES Total Income EXPENDITURES Get amount paid for Fire Losses (in- eluding $1 7 83, losses of previ- . o8 JOBE.oeoooecesiosivzcasane L2894 70 Paid or allowed for Commission or Brokerage s 1.188 $100,508 33 ks.| Premiums. ing the year.. and Premiums.|Fire Ris Net_amount of Risks| written during the year . s Net amount of Risks! expired during the| year ... 3 Net amount in December 31, 1 | $23,933,743 $316.290 29 21,367.188| 253,819 95 force| 2..| 21,041,148 262.008 10 Subscribed and sworn to before fe. this 26th day of January, 1908. EDWIN F. COREY, Commissioner for Ca.‘fornia in New York. Pacific Be:arlment | 314 California St., San Francisco | W. H. LOWDEN, Manager. JOHN D. RICHARDS, Superintendent City Départment i IDEAL WEATHER IS TEE EXPRESSION OF California Northwestern Ry The Pictaresque Route of California. Ticket Otfices of the Company, 850 Market street (Chronicle Building), and Tiburon Ferry, foot of Market street. Geperal Offices, Mu- tual Life Bullding, corner of Sansome and Cale ifornia streets, San Francisco. H, C. WHITING, R, X. RYAN. Gen'l, Manager. Gen'l Pass’r. Ageat. DEER HUNTING. If you want to get & deer, go to Willita, stop at the Willits Hotel. Mendocine County | is best hunting ground In the State near te San Francisco. Deer season open untll Sep- tember 0. WM. WEIGAND, Prop. AGUA CALIENTE SPRINGS OPEN ALL YEAH ROUND. Natural hot ‘water swimming tank in the State. Compe- tent lady and gentlemen masseurs, swimming Speclal rates from now on. Peck's, 11 Montgomery st. THEODOR RI Agua Callente, Sonoma Co. VICHY SPRINGS. 8 miies from Ukiab, Mendocine Co. electric waters, champagne baths. in the world of this class. i class. J. A. REDEMEYER & CO. | 1485% S per Ycars ~